Legal Opinion

Singer v. Townsend

Wisconsin Supreme Court

Decided October 18, 1881PublishedCited by 4 opinions

APPEAL from tbe Circuit Court for Waukesha, County. Plaintiffs recovered in said court a judgment against Copeland Townsend (since deceased), and caused an execution to be issued thereon August 3, 1878. Afterwards they commenced proceedings against Biggs as garnishee of said Townsend.

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APPEAL from tbe Circuit Court for Waukesha, County. Plaintiffs recovered in said court a judgment against Copeland Townsend (since deceased), and caused an execution to be issued thereon August 3, 1878. Afterwards they commenced proceedings against Biggs as garnishee of said Townsend. At the time when the garnishee’s answer was filed, Townsend also filed a notice which stated, 1. That he claimed the money, credits, etc., mentioned in the affidavit for garnishment, as exempt, for reasons specified. 2. That said Copeland Townsend and one Elbridge G. Townsend then were, and had been since about…

1Opinion of the CourtOrton, J.

The answers of the garnishee, upon his examination, were to the effect that at the time he was served with *128the notice he had been boarding at the Townsend House, in the city of Oconomowoc, four days only, under a contract with the proprietor or proprietors of that house to pay for his board $38 per week. The garnishee was therefore not indebted at that time, for such board, to exceed four-sevenths of that amount, if he was indebted at all, or would be until the end of the week. The judgment for $46 is therefore clearly erroneous. 2 Tay. Stats., ch. 134, § 115; Wood v. Wall, 24 Wis., 647.

There…

2Cases cited1 opinion

  1. Wood v. WallWisconsin Supreme Court · 1869

3Cited by4 opinions

  1. Battjes Fuel & Building Material Co. v. MilanowskiMichigan Supreme Court · 1926
  2. Trickett v. MooreSupreme Court of Kansas · 1886
  3. Badger Lumber Co. v. SternWisconsin Supreme Court · 1905
  4. Lehner v. RudingerWisconsin Supreme Court · 1925

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